Couchon v. Cousins

Pursuant
to Rule 26(c) of the Federal Rules of Civil Procedure, the
parties to this action and their counsel are subject to the
following Protective Order:

1. This
Order is intended to cover, without limitation, all
information contained in the personnel files of Defendants
and/or Defendants' employees or agents and all identities
of prisoner witnesses other than Plaintiff. All material
subject to this Order shall be so labeled when produced by
Defendants.

2. If a
party seeks to establish that documents or information
contained in this document are not entitled to such status
and protection for reasons which shall include the public
interest, the party shall advise opposing counsel of the
basis of the objection. If the parties cannot resolve the
dispute within ten (10) days of such notification, the party
seeking to establish confidentiality shall bring the matter
to the Court for resolution and shall bear the burden of
establishing that a protective order concerning the documents
or information is appropriate. See Anderson v.
Cryovac. 805 F.2d 1 (1st Cir. 1986).

3.
Confidential documents are to be used by the parties only in
connection with litigating this case, unless the
confidentiality of the documents is successfully challenged
at a later date.

4.
Confidential material may only be disclosed as follows:

a. to the Court, in camera or under seal;

b. to attorneys of record, including their partners and
associates and employees who are directly assisting the
attorneys of record, and to involved insurance personnel,
provided that such persons are informed of their obligations
under this Order and agree to be bound by this Order;

c. to experts, under these conditions: (1) the attorney of
record shall first inform each expert that the disclosed
material is confidential, is to be held in strict confidence,
and is to be used solely to prepare and present evidence in
the litigation, and that these restrictions are imposed by
court order; (2) the expert shall agree in writing to be
bound by this Order; and

d. to parties, subject to the terms of paragraph (7);

e. To investigators, agents, constables, sheriffs or others
that counsel for any of the parties may utilize to discover
the present address, state of knowledge of relevant facts to
the litigation, and attendance of persons at trial and
discovery proceedings in connection with the instant
litigation.

5.
Confidential material may not be otherwise disclosed without
the prior written consent of the party producing same, unless
confidentiality is successfully challenged at a later date.

6.
Copies of confidential material may not be made except for an
expert who requires a copy for review, file copies for
counsel and insurance personnel, copies for use at
depositions, in support of motions and for use at trial. To
the extent copies are made as provided in this paragraph,
such copies shall themselves become confidential documents
and shall be subject to all the terms of this Order as if
they were a "first generation" document.

7.
Attorneys may discuss with their clients the substance of
confidential documents, not including medical records and
mental health treatment records, and provide them copies
thereof, providing attorneys advise their clients that the
information is subject to a protective order and may not be
disclosed to anyone else. Medical records and mental health
treatment records may not be discussed with or provided to
clients.

8.
During his or her oral deposition, a deponent may be shown
confidential documents or information so that the deponent
can answer questions based on it. To the extent that the
deposition transcript incorporates into it confidential
material, Defendants shall identify any portion of the
transcript incorporating such material which then shall
itself become a confidential document and shall be subject to
all the terms of this Order as if it were a
"first-generation" document. Exhibits shall be
considered "first-generation" documents and shall
not be reproduced, except as herein provided. A deponent who
is not ...

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